Biskupic v Allen [2019] NSWCATAP 102

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Biskupic v Allen [2019] NSWCATAP 102 Hearing dates: 10 May 2018, 4 July 2018 and 15 August 2018 Date of orders: 26 April 2019 Decision date: 26 April 2019 Jurisdiction: Appeal Panel Before: Mr L. Robberds QC. Senior Member Mr D. Goldstein. Senior Member Decision: (1) Leave to appeal against the Tribunal decision in RT 17/51211 is refused. (2) The appeal is dismissed. (3) Leave to appeal against the Tribunal decision in RT 17/47910 is granted for those items of the appellant's claims that are referred to in order 4. (4) The appeal in R17/47910 is allowed insofar as it relates to the appellant's claims for excessive rent pursuant to s44 (1) (b) of the Residential Tenancies Act 2010 in relation to the following subject matters: latch for balcony door; kitchen ceiling leak; ceiling repair, kitchen sink leak, kitchen tap leak, mould on blinds, bathroom sink runs slowly, shower seal, power point in ensuite, floorboards lifting, front door broken and not secure, sliding door falling off tracks, light in bathroom/laundry falling out of ceiling, kitchen cupboard is damaged, pest and vermin issues, mould in apartment, front door intercom and swipe card for garage access. (5) Leave to appeal in respect of the balance of the appellant's claims for excessive rent is refused and the appeal in relation to those claims is dismissed. (6) Pursuant to s81(1)(c) of the Civil and Administrative Tribunal Act 2013, the appellant's claims for excessive rent which have been allowed by order 4 are remitted for reconsideration by the Consumer and Commercial Division of the Tribunal on the same evidence as filed by both parties in the original proceedings. (7) The Tribunal Member in the remitted proceedings may direct the parties to paginate documents previously filed and to provide him/her with such written submissions as the Tribunal Member considers necessary, including submissions in which the parties must cross refer the evidence to their submissions. Catchwords: RESIDENTIAL TENANCIES – Claim for excessive rent pursuant to s44(1)(b) of the Residential Tenancies Act 2010 Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Getex Pty Limited v Reed Business Information Pty Limited and ors [2013] NSWSC 1161 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Owen v Kim [2017] NSWCATAP 26 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: Carolyn Biskupic (Appellant) Mark Allen (Respondent) Representation: Solicitors: C Biskupic (Self Represented)(Appellant) Mr Simeon. (Agent)(Respondent) File Number(s): AP18/11651 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: Not Applicable Date of Decision: 1 March 2018 Before: General Member Williams File Number(s): RT 17/51211 & RT 17/47910